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Lawyers continue arguments over Court‘s jurisdiction in Nandlall stolen law books case
Attorney-at-law Leslyn Noble has raised further contentions over the authority of the High Court to rule on the matter of stolen law books, which involves former Attorney General, Anil Nandlall, at an interlocutory stage of proceedings before the Summary Court.
As the premise of her argument, the attorney relied on authorities, which raise the issue over the court’s jurisdiction at the preliminary stage of the trial in the Magistrates’ Court.
Noble said that it is highly unsatisfactory for the High Court to intervene in the proceeding of the Magistrate Court, at an interlocutory stage of the trial.
She said it is only apt that the High Court keeps out of the way of the Magistrate until a final decision is made.
Additionally, the lawyer noted that the applicant (Nandlall) has failed to show evidence of how his constitutional rights were violated by the Magistrate, calling on him to lead a defence in the criminal proceeding.
Noble held too that the defendant had been charged correctly in accordance with sections of the Criminal Law Offences Act.
She stressed that the application only challenged the actions of the Magistrate and the investigating officer and not the prosecution.
“I would, therefore, submit your honour that the application is not subjected to the provisions of Judicial Review,” Noble stated.
Former Attorney General, Anil Nandlall
Meanwhile, in rebuttal of the argument, Attorney representing Nandlall, Devindra Kissoon, essentially noted that the authority, which Noble relied on is archaic and is not being used in Guyana or the Caribbean.
After hearing arguments, Chief Justice Roxane George has said that she will rule on whether the Court has jurisdiction to hear an appeal in the matter on January 21.
Lawyers for Nandlall had earlier contended that the Magistrate’s ruling should be quashed, since it is unlawful, illegal, without and in excess of jurisdiction, erroneous in law, unreasonable, null, void and of no effect, and that unless restrained, the Magistrate will proceed to hear and determine the matter, thereby defeating and rendering the High Court action futile.
The charge Nandlall faces allege that between May 18, 2015, and May 29, 2015, being a Bailee, in the then capacity of Attorney General and Minister of Legal Affairs, he fraudulently converted 14 Commonwealth Law Reports valued at $2,313,853, property of the Ministry of Legal Affairs, to his own use and benefit.
Nandlall, who has pleaded not guilty to the charge, is out on self-bail.
Following Magistrate Fabayo Azore’s ruling on November 23, 2018, Nandlall moved to the High Court asking for a declaration that the charge for the offence of Larceny by a Bailee contrary to Section 165 of the Criminal Law Offences Act, Chapter 8:01, is an unknown offence, and therefore it is in violation of Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
It is Nandlall’s contention that Magistrate Azore erred in law when she overruled the no-case submission made by his lawyer and when she failed/refused to give any sufficient reason for her judgment as required by the Judicial Review Act Chapter 3:06 and that her ruling is contrary to, and in violation of, Articles 40, 144(4) and 149(d) of the Constitution of Guyana.
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